Deprivation of Parental Rights in Ukraine: Grounds, Procedure, and Example from Court Practice

Deprivation of parental rights is an extreme measure of family law responsibility, applied exclusively by the court in the best interests of the child. It entails the complete termination of the personal non-property rights and duties of one parent toward the child but does not exempt them from the obligation to support the child.

Grounds

According to Article 164 of the Family Code of Ukraine, the grounds may include:

• leaving the child without valid reasons in a maternity hospital or hospital;

• evading upbringing, lack of care, and proper maintenance;

• chronic alcoholism or drug addiction;

• cruel treatment, physical or psychological abuse;

• exploitation, forcing into begging or vagrancy;

• conviction for an intentional crime against the child.

Failure to pay child support (alimony) alone is not a ground for deprivation, but it may serve as additional evidence in combination with other circumstances.

Who Can Apply

A claim may be filed by one of the parents, a guardian, a custodian, the person with whom the child lives, the guardianship and custody authority, a prosecutor, or the child themselves (from the age of 14).

Procedure

• Guardianship and Custody Authority — submission of an application, verification of circumstances, preparation of a conclusion on the advisability or inadvisability of deprivation of rights.

• Court — filing a claim at the place of residence of the defendant, involvement of the guardianship authority as a third party, examination of evidence and circumstances.

• Decision — if the claim is granted, the court simultaneously decides on the collection of child support.

Example from Court Practice

The Novovorontsovsk District Court of Kherson Region considered a case regarding the deprivation of parental rights of a father who had not communicated with his child for a long time and had not paid child support. The court found that although the defendant had withdrawn from raising the child, there was no proven evidence of a negative impact on the child or cruel treatment. The Court of Appeal agreed: there were no grounds for applying such an extreme measure, as the child’s interests did not require a complete severance of family ties.

Consequences

A person deprived of parental rights:

• loses personal non-property rights and the status of legal representative;

• is deprived of the right to benefits, adoption, and guardianship;

• cannot claim property rights related to parenthood.

At the same time, the obligation to support the child remains until they reach adulthood (or up to 23 years old if studying).

Deprivation of parental rights is an extraordinary measure applied only when other ways of protecting the child’s interests are ineffective. The court always evaluates the evidence and conclusions of the guardianship authority, based on the main principle — the best interests of the child.